Resolution No. 4351RESOLUTION NO. 4351
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF CYPRESS APPROVING
DESIGN REVIEW COMMITTEE NO. 94 -15 - WITH CONDITIONS.
THE CITY COUNCIL OF THE CITY OF CYPRESS HEREBY FINDS, RESOLVES,
DETERMINES, AND ORDERS AS FOLLOWS:
1. That an application was filed for design review in accordance with the provisions
of Section 18.1 of the Zoning Ordinance of the City of Cypress to permit the development of
ten, single - family detached homes on a 33,392.4 square foot site located at 4921 and 4931
Orange Avenue (AP Nos. 244 - 035 -14 and 15).
2. That the City Council considered the subject application at a public meeting as
provided by law.
3. That the City Council hereby finds that:
a. The proposed location of the project is in accord with the objectives of the
Zoning Ordinance and the purpose of the zone in which the site is located is:
Intended as Phase I of the Orange Avenue Specific Plan in the SP93 -1
Zone.
b. The proposed location of the project and the conditions under which it
would be operated or maintained will not be detrimental to the public health, safety or
welfare or be materially injurious to properties or improvements in the vicinity in that:
(1) The proposed project is consistent with the General Plan Land Use
Map designation of Medium Density Residential (5.1 -15 units per acre) and
conforms to the goals and policies of the Land Use Element and Housing
Element.
(2) The proposed project is consistent with the Orange Avenue Specific
Plan in that it meets all development standards for minimum lot sizes, density,
building setbacks, parking and landscaping.
(3) The proposed project is designed to be compatible with adjacent
single - family homes, particularly in regard to the provision of building heights,
landscape screening, window alignment, block walls and architectural style.
c. The proposed project will comply with each of the applicable provisions
of the Zoning Ordinance.
NOW, THEREFORE, BE IT FURTHER RESOLVED that the City Council of the City
of Cypress does hereby approve Design Review Committee No. 94 -15, subject to the conditions
attached hereto as Exhibit "A."
PASSED AND ADOPTED by the City Council of the City of Cypress at a regular
meeting held on the 8 th day of Augus t , 1994.
ATTEST:
R OF T ITY OF CYPRESS
(Mayor Pro Tem
398
STATE OF CALIFORNIA )
COUNTY OF ORANGE ) SS
I, DARRELL ESSEX, City Clerk of the City of Cypress, DO HEREBY CERTIFY that
the foregoing Resolution was duly adopted at a regular meeting of the said City Council held
on the 8th day of August 1994; by the following roll call vote:
AYES: 4 COUNCIL MEMBERS: Age, Bowman, Kerry and Nicholson
NOES: 0 COUNCIL MEMBERS: None
ABSENT: 1 COUNCIL MEMBERS: Partin
7-!1
CITY CLEF THEX1TY OF CYPRESS
EXHIBIT "A"
TENTATIVE TRACT MAP NO. 14976 AND
DESIGN REVIEW COMMITTEE NO. 94 -15
CONDITIONS OF APPROVAL
ENGINEERING CONDITIONS
1. The developer shall conform to all applicable provisions of the Code of the City of
Cypress. All requirements of the State Subdivision Map Act, and the City's Subdivision
Ordinance shall be satisfied. A Parcel Map shall be recorded prior to issuance of
Building Department Permits.
2. Upon separate ownership of parcels, reciprocal easements shall be recorded and
agreements filed with the City governing joint use and maintenance of private drive
approaches, drainage, onsite parking, irrigation system, etc.
3. Drainage shall be solved to the satisfaction of the City Engineer. A grading plan, in ink
on Mylar, signed by a registered California civil engineer and using actual grades from
an Orange County Surveyor's Benchmark shall be submitted for approval. A topography
of the area surrounding this development shall be made to establish existing drainage
flow patterns. If the existing natural flow of any adjoining parcel is across the land of
this development, a drainage easement shall be granted and drainage facilities provided
for that property to the satisfaction of the City Engineer. All onsite drainage conveyed
to the street shall be by means of an under - sidewalk drain. All lots shall have a slope
gradient of one percent (1 %) minimum in landscape areas. In parking areas, AC shall
have a minimum slope gradient of one and one -half percent (1.5%) or as approved by
the City Engineer, and concrete shall have a minimum slope gradient of two - tenths
percent. (.2 %).
4. Where an existing block wall is removed, the Developer shall provide suitable temporary
fencing for all adjacent properties during construction of the perimeter walls. A retaining
wall per City standards shall be constructed at the property line where the finish grade
difference is greater than twelve inches (12 "). A six -inch (6 ") concrete curb shall be
constructed per City standards to protect all block walls and structures exposed to
vehicular traffic. Grade separation shall not exceed two feet (2') between two adjacent
properties.
• Community Development Department • Planning Division •
400
Exhibit "A"
Tentative Tract Map No. 14976 and
Design Review Committee No. 94 -15
Conditions of Approval
Page 2
5. The developer shall provide adequate "No Parking" controls within the development and
appropriate "No Parking - Fire Lane" signs shall be installed along Orange Avenue per
California Vehicle Code #22658, to the satisfaction of the City Engineer, and County
Fire Marshal.
6. Wheelchair and handicapped access facilities shall be installed onsite and offsite in
accordance with State of California and City of Cypress Public Works Department
standards.
7. Installation of Cable T.V. shall be subject to the City Ordinance No. 726. Prior to
construction, the developer shall contact Copley /Colony, Inc. (Phone: [714] 826 -8680)
or Paragon Cable (Phone: [714] 898 - 3800), whichever is applicable to the area, for
specifications and procedures for prewire of the building and installation of the service
wiring. Necessary permits shall be obtained at the City.
8. The developer shall provide mailbox facilities for each residence, to the satisfaction of
the Public Works Director, Planning Director, and Postmaster.
9. All existing public improvements at the development site which are damaged due to
construction, cracked, or otherwise below standard, shall be removed and replaced to the
satisfaction of the City Engineer.
10. The Orange Avenue right -of -way shall be improved to accommodate the proposed project
driveway in accordance with the City's Code requirement of Streets. Orange Avenue
shall maintain a total half right -of -way width of 42 feet (42') which includes a (6') wide
tree planting, and public utility easement on the north side of the street.
11. On local streets/ private drive, structural sections shall be based on the recommendation
and soils report prepared by an engineering firm acceptable to the City Engineer, with
street structural sections to be determined by using an applicable T.I. (Traffic Index) but
shall be not less than 3" A.C. over 6" A.B. The City shall provide the soils report for
all arterial streets. The minimum flowline grade in streets shall be two - tenths percent
(0.20 %), and the minimum A.C. crossfall shall be two percent (2 %).
12. The quantity, location, width, and type of driveways shall be subject to the approval of
the City Engineer. An effective sight distance for vehicular traffic shall be maintained
• Community Development Department • Planning Division •
Exhibit "A"
Tentative Tract Map No. 14976 and
Design Review Committee No. 94 -15
Conditions of Approval
Page 3
at the intersection of the driveway entrances with Orange Avenue. No landscaping in
excess of three feet (3') high will be allowed in the area of the curb returns. Adequate
sight distance also shall be maintained within the development at all driveway
intersections to the satisfaction of the City Engineer.
13. All utility services shall be underground. Trenching and backfill in streets shall be per
City of Cypress Standard No. 110. Arterials shall be crossed by boring only. In City
streets lateral open cuts spaced within twenty feet (20') of each other shall be covered
with a one inch (1 ") continuous A.C. cap.
14. FEES REQUIRED FOR IMPROVEMENTS ARE AS FOLLOWS:
• Final Subdivision Map Filing Fee (Per Resolution No. 2964).
• Engineering Plan Check & Inspection Fee (Per Resolution 2964).
• Park and Recreation Fee (Per Ordinance 769).
• Drainage Fee for Master Drainage Plan (Per Resolution 2287).
• Traffic Impact Mitigation Fee (Per Ordinance 911 and current fee Resolution).
• Sanitary Sewer Connection Fee (Per Orange County Sanitation District, No. 3,
Resolution 308).
• Advanced Street Light Energy Fee (For one (1) year period).
• Grading Plan Check and Permit (Per Resolution 2964 & 3662).
• All applicable Building Department fees.
15. The developer shall defend, indemnify, and hold harmless, the City and any agency
thereof, or any of its agents, officers, and employees from any and all claims, actions,
or proceedings against the City or any agency thereof, or any of its agents, officers or
employees, to attack, set aside, void or annul, an approval of the City, or any agency
• Community Development Department • Planning Division •
402
Exhibit "A"
Tentative Tract Map No. 14976 and
Design Review Committee No. 94 -15
Conditions of Approval
Page 4
thereof, advisory agency, appeal board, or legislative body, including actions approved
by the voters of the City, concerning the project, which action is brought within the time
period provided in Government Code Section 66499.37 and Public Resources Code,
Division 13, CH. 4 (§ 2100 et sec . - including but not by way of limitation § 21152 and
21167). City shall promptly notify the developer of any claim, action, or proceeding
brought within this time period. City shall further cooperate fully in the defense of the
action and should the City fail to either promptly notify or cooperate fully, developer
shall not thereafter be responsible to defend, indemnify, or hold harmless the City.
16. Street lights on marbelite standards shall be installed per Southern California Edison
Company requirements. Street name signs and traffic signs shall be installed per City
Standards.
17. Street trees (15 gallon) fifty -two feet (52') on center shall be installed in back of public
sidewalk in conformance to the street tree policy of the Public Works Department and
the Orange Avenue Specific Plan and shall be incorporated with the onsite landscape
plan. The type of trees shall be as required by the City's street tree ordinance and the
Orange Avenue Specific Plan. Landscaping in Public Right -of -Way shall be maintained
by the developer.
18. A sewer plan shall be submitted for approval by the City Engineer. Unused sewer
laterals connecting existing buildings at this property shall be plugged at the property
line.
19. For landscaping within the public right -of -way, a landscape and irrigation plan shall be
submitted for approval by the City and a bond posted by the applicant to guarantee
against any defects in plant materials and workmanship. A soils report for all planting
areas, prepared by a qualified agricultural laboratory, shall be submitted to the Public
Works Department for approval at least thirty (30) days prior to planting date. Test
results shall include concentration of nitrogen, phosphorus, potassium, ph, salinity,
sodium status, and boron saturation extract. Additionally, an agreement shall be
executed by the developer to provide for ongoing maintenance.
• Community Development Department • Planning Division •
Exhibit "A"
Tentative Tract Map No. 14976 and
Design Review Committee No. 94 -15
Conditions of Approval
Page 5
BUILDING CONDITIONS
20. Applicant /developer shall comply with applicable provisions of the 1991 Uniform
Building, Plumbing and Mechanical Codes, 1990 National Electrical Code, California
Code of Regulations, Title 24, and the Code of the City of Cypress.
21. An automatic fire sprinkler system, approved by the Fire Marshal, shall be required.
22. Applicant /developer shall comply with all disclosure requirements of the Orange County
Fire Department for hazardous materials use and /or storage and the South Coast Air
Quality Management District for exhaustion of air contaminants.
23. Type 5 cement shall be used for all foundations and slabs on grade.
24. All slabs on grade (including M -1 occupancies) shall receive a minimum of a 10 mil.
moisture barrier.
25. Applicant /developer shall use fire retardant wood shingles for the roof, if applicable.
26. A soil investigation report shall be submitted with the plans for plan check. Report shall
include soil bearing capacity, seismic study, grading, paving, sulfate test and other
pertinent information under good engineering practice.
27. An acoustical report shall be submitted with the plans for plan check. Report shall meet
all the requirements of the Uniform Building Code and Title 24 of the California Code
of Regulations.
28. Construction bins for non - recyclable and recyclable materials generated from any
construction site (residential and non - residential) must be placed "onsite out of the public
right -of -way. (Example: street side of curb is public right -of -way. Not allowed.)
FIRE CONDITIONS
29. Prior to the recordation of a final tract map, water improvement plans shall be submitted
to and approved by the Fire Chief to ensure adequate fire protection and financial
• Community Development Department • Planning Division •
404
Exhibit "A"
Tentative Tract Map No. 14976 and
Design Review Committee No. 94 -15
Conditions of Approval
Page 6
security posted for the installation. The water system design, location of valves, and the
distribution of fire hydrants will be evaluated and approved by the Chief.
30. Prior to the issuance of any building permits for combustible construction, a letter and
plan from the developer shall be submitted to and approved by the Fire Chief. This
letter and plan shall state that water for fire fighting purposes and an all weather fire
access road shall be in place before any combustible materials are placed on the site.
31. Prior to the issuance of any certificates of use and occupancy, all fire hydrants shall have
a "Blue Reflective Pavement Marker" indicating its location on the street or drive per the
Orange County Fire Department Standard. On private property, these markers are to be
maintained in good condition by the property owner.
32. Prior to the issuance of any building permits, plans for the automatic fire sprinkler
system shall be submitted to and approved by the Fire Chief. This system shall be
operational prior to the issuance of a Certificate of Use and Occupancy.
33. Prior to the issuance of any grading permits, plans for all streets and courts, public or
private, shall be submitted to and approved by the Fire Chief. The plans shall include
sectional views, and indicate the width measured flow line to flow line. All proposed
fire apparatus turnarounds shall be clearly marked.
34. Prior to the issuance of any grading permit, street improvement plans with fire lanes
shown shall be submitted to and approved by the Fire Chief. Indicate the locations of
red curbing and signage. Provide a drawing of the proposed signage with the height,
stroke and color of lettering and the contrasting background color. The CC &R's shall
contain a fire lane map and provisions which prohibit parking in the fire lanes, a method
of enforcement shall be included. For the subject site all streets shall be fire lanes.
35. Prior to the issuance of any building permits, construction details for any emergency
access gate shall be submitted to and approved by the Fire Chief. Contact the Orange
County Fire Department at (714) 744 -6623 for a copy of the "Guidelines for Fire
Department Emergency Access."
36. All access control gates are to be equipped with emergency override switches to allow
Police Department access.
• Community Development Department • Planning Division •
Exhibit "A"
Tentative Tract Map No. 14976 and
Design Review Committee No. 94 -15
Conditions of Approval
Page 7
37. House numbers are to be lighted during the hours of darkness.
38. All first floor doors, windows, and sliding glass doors shall have locking devices that are
pre- approved by the Police Department.
39. The applicant shall install lockable mail boxes if located outside the security gate.
40. Prior to the issuance of building permits, the applicant shall submit to the Police
Department for review and approval a lighting plan for the development complex and
individual units.
41. Landscaping shall not block the view of the Gazebo or the front access areas of any of
the units or patrolling police vehicles.
PLANNING CONDITIONS
42. The developer's contractor shall provide the City with a Certificate of Insurance on City
form evidencing a comprehensive liability insurance policy with a combined single limit
of not less than $500,000 each occurrence in connection with the work performed.
Certificate shall include the City, its Council, officers, members of boards or
commissions and employees as additional Named Insureds with respect to all claims,
actions, damages, liabilities and expenses, including attorney's fees, arising out of or in
connection with the work to be performed under the development executed by the Named
Insured and City, including any act or omission of employees, agents, subcontractors,
or their employees. Such certificate shall have a thirty (30) day cancellation notice to
the City of Cypress.
43. Utilities shall not be released until all conditions of approval have been met to the
satisfaction of the Planning Department.
44. All requirements of the Orange County Fire Marshal's Office shall be complied with
prior to a Certificate of Occupancy being issued.
• Community Development Department • Planning Division •
406
Exhibit "A"
Tentative Tract Map No. 14976 and
Design Review Committee No. 94 -15
Conditions of Approval
Page 8
45. All architectural treatments shall be constructed as illustrated on plans and renderings
submitted. The final exterior color scheme shall be submitted to City staff for review
and approval prior to actually painting the structure.
46. Balconies shall not exceed six feet (6') in width with one dimension.
47. A minimum six foot (6') high block wall, as measured from the highest adjacent grade,
shall be constructed and /or maintained along the north, east and west property lines.
Final plans for the block wall shall be consistent with the site plan and Orange Avenue
Specific Plan and shall he reviewed and approved by the Planning Department prior to
the issuance of building permits.
48. Onsite security lighting shall be arranged so that direct rays will not shine on adjacent
properties or produce glare for street traffic.
49. The transformer boxes and water valves shall he placed in locations acceptable to the
Planning Director and shall he adequately screened from view with plant materials.
50. The applicant /developer shall provide an adequate number of trash /waste enclosures
onsite and at a location acceptable to City staff. [NOTE: Trash /waste enclosures shall
be maintained onsite at all times. Offsite encroachment of trash /waste enclosures (into
the public right -of -way), is prohibited unless formal approval is granted by the City
Engineer and an Encroachment Permit issued.]
51. A detailed landscape and automatic irrigation plan shall be submitted to the Planning
Department for review and approval at least sixty (60) days prior to issuance of a
Certificate of Occupancy. In addition, a bond shall be posted with the Public Works
Department to guarantee against defects in plant materials and workmanship.
52. Unless otherwise specified, all required trees shall be a minimum 15- gallon in size and
of a variety approved by the Planning Director.
53. Landscape irrigation pipes and sprinkler heads shall be maintained in good working order
so as to cover all landscaped areas.
• Community Development Department • Planning Division •
407
Exhibit "A"
Tentative Tract Map No. 14976 and
Design Review Committee No. 94 -15
Conditions of Approval
Page 9
54. A comprehensive sign program for a freestanding monument sign shall be submitted for
Planning Department approval prior to any signing installation. The developer shall not
erect or display on the subject property any signs which have not been approved in
writing by the Planning Department.
55. If the second story windows create a privacy problem for adjacent property owners,
measures shall be taken to resolve the problem. These mitigation measures shall be
subject to Design Review and may consist of, but not be limited to, requirements for
additional perimeter landscaping and /or window coverings as determined appropriate by
the Design Review Committee.
56. A copy of the Conditions, Covenants, and Restrictions (CC &R's) covering the
development shall be submitted to the City staff and City Attorney for their review,
recommendations and approval to assure the continuance, maintenance, applicability and
enforceability of the CC &R's so that the development will not become a liability to the
City at a later date.
The CC &R's shall include a disclosure to all homebuyers that the Homeowners'
Association shall be responsible for the repair and maintenance of the private drive and
parking areas, including sweeping and trash collection.
57. Within forty -eight (48) hours of the approval of this project, the applicant /developer shall
deliver to the Planning Department a check payable to the County Clerk in the amount
of Twenty -Five Dollars ($25.00) County administrative fee, to enable the City to file the
Certificate of Fee Exemption in accordance with Fish and Game Code Section 753.5 with
the Notice of Determination required under Public Resources Code Section 21152 and
Title 14 of the California Code of Regulations. If, within such forty -eight (48) hour
period, the applicant /developer has not delivered to the Planning Department the check
required above, the approval for the project granted herein shall be void.
Effective 8/8/94
• Community Development Department • Planning Division •